R v Brookes (No. 2)

In the matter of R v Brookes (No. 2), the respondent, Brookes, appeared before the court for the purpose of having his sentence corrected. Brookes had been sentenced in 2018 to imprisonment with a non-parole period of 2 years and 5 months and a total sentence of 3 years and 9 months. The court was required to determine whether the sentence imposed was consistent with the principles of sentencing and whether any errors in the calculation of the sentence needed to be rectified.

The legal issues before the court included whether the sentence was correctly calculated, and whether the total sentence should be adjusted to ensure it aligns with the non-parole period. The court considered the relevant statutory provisions and case law on sentencing to determine the appropriate term. It examined whether any clerical errors had been made and if those errors required correction under the relevant provisions of the Sentencing Act.

The court concluded that there were indeed errors in the original sentencing orders, leading to an inconsistency between the non-parole period and the total sentence. The court found that the total sentence should reflect the non-parole period correctly. Accordingly, the court varied the sentence to ensure it was consistent with the non-parole period of 2 years and 5 months, with the total sentence set at 3 years and 9 months. The court withdrew the previous orders and imposed the corrected sentence, with the non-parole period starting on 18 December 2018 and expiring on 17 May 2021, and the total sentence expiring on 17 September 2022.